Since December 2006, the government of Thailand has imprisoned 152 Laotian Hmong in a two-room immigration jail near the Laos border. This group of Hmong, many of whom had fought alongside the United States, threatened suicide rather than being forcibly returned to Laos. They feared being handed over to a government that credible reports indicate has detained, tortured, abused and killed Hmong for suspected involvement in an insurgency or for holding anti-government views.
The United Nations High Commissioner for Refugees (UNHCR) found the Hmong held at Nong Khai were refugees and therefore not subject to forced return. Although they were eligible for international resettlement, the government ignored UNHCR’s findings. Under a new border agreement signed between Thailand and Laos, the Hmong, who entered Thailand illegally, must be returned to the Laotian government, regardless of concerns about past abuse.
Last August, the UN and the diplomatic community denounced the increasingly inhumane conditions of detention: 77 children including 9 infants held in a tropical climate in two overcrowded rooms with two water taps and no outdoor exercise. The US, Canada, Australia and the Netherlands decried the threats of forced returns and repeated offers to resettle the Hmong. The UN High Commissioner for Human Rights and the Secretary-General requested the release of the group and permission for them to resettle. Thai authorities still refused, but agreed to some improvements of conditions. The U.S. funded daily medical care and construction of new shelter. The imprisoned Hmong were permitted some time outdoors, additional food, and a place for children to play. But the threats of forced return continued.
Recently, five more infants were born to imprisoned families. The Hmong cling to their belief of their right to flee abuse and persecution and to expect a just government to verify and recognize their claims to refuge. After all, that is what international law requires, even for non-signatories of the Refugee Convention.
Last week in Washington, Thailand’s new Foreign Minister outlined broad plans for new Thai leadership in regional affairs. Refugees International’s President Emeritus, Lionel Rosenblatt, asked about the jailed Hmong and 8,000 other Hmong in army custody in Petchabun. The new Thai Foreign Minister answered publicly that his government would not forcibly return the Hmong. The Foreign Minister took note that this issue involved many parts of the government -- the National Security Council, the military, the Ministry of Interior, etc. -- and that Thai policy toward future "resettlement'" depended on the government of Laos, where there might now be some flexibility.
RI welcomes the Foreign Minister’s pledge that forced repatriations were no longer Thai policy.
The next steps from the new government should be moving the 152 Hmong at Nong Khai to humane, healthy and less restrictive conditions and developing a transparent fair refugee screening process for Hmong and other asylum seekers . Thai refugee screening should reflect international refugee law – taking into account a person’s past or present persecution because of race, creed, political opinion, membership or association with particular groups. Those recognized as refugees, who abide by Thai law, should never fear forced return and be able to apply for resettlement or immigration abroad. Such steps would demonstrate again Thailand’s traditional respect for human life and human rights.
--Dawn Calabia
